Summary vs. Formal Administration in Florida: Which Is Faster and Cheaper?
- Randy Narkir, Esq.
- Jun 24
- 4 min read
Updated: Jun 27
Introduction: Choosing the Right Probate Path
After losing a loved one, emotions run high-and the logistics can feel overwhelming. One of the first legal decisions families often face in Florida is this:
“Do we need to go through summary administration or formal administration?”
This isn’t just a paperwork choice. It directly affects how long probate will take, how much it will cost, and how smoothly the process goes. Choosing the wrong route can mean unnecessary delays, court complications, and added stress at a time when you're already carrying enough.
In this guide, we’ll walk you through Florida’s two primary probate options -
Summary Administration and Formal Administration, with the clarity, compassion, and legal precision we bring to every family we help. By the end, you’ll know exactly which process fits your situation-and why it matters.
What Is Summary Administration in Florida?
Summary administration is a simplified version of probate available under Florida law. It was designed to make the probate process more efficient when the estate is modest in size or enough time has passed since the decedent’s death.
This process avoids many of the time-consuming requirements of formal administration, such as appointing a Personal Representative or filing extensive inventories and accountings.
To qualify for summary administration:
The total value of the estate is $75,000 or less, excluding exempt property, or
The decedent has been dead for more than two years, regardless of the estate's value
Key features:
Fewer court filings and procedural requirements
Assets can be distributed to heirs faster
Costs are typically lower
Ideal for:
Modest estates without real estate (unless the only real estate is homestead property or the decedent has been deceased for more than two years)
Families who have already waited more than two years
Cases with no outstanding creditor claims
Families seeking closure without lengthy delays
What Is Formal Administration in Florida?
Formal administration is the full, traditional probate process required for most estates in Florida. It involves significant court oversight and follows the formal procedures outlined in Chapter 733 of the Florida Statutes.
This process begins with filing a Petition for Administration and the appointment of a Personal Representative (PR), who is then legally responsible for administering the estate.
Required when:
The value of the estate exceeds $75,000
The decedent passed away less than two years ago
The estate includes real estate or is involved in disputes
There are known creditors or complex assets
A lawsuit needs to be continued from before the decedent died
Any other case in which a third party requires a personal representative to be appointed
Key features:
Appointment of a Personal Representative (PR)
Mandatory notice to creditors and interested parties
Inventory of assets and accounting obligations
Ideal for:
Larger estates with multiple types of assets
Families needing to clear title to real property
Situations involving disagreements among heirs or potential litigation
Larger or more complex estates
Situations with legal disagreements
Comparison Chart: Summary vs. Formal Administration
Feature | Summary Administration | Formal Administration |
Estate Value | Under $75,000 or death > 2 yrs | Over $75,000 |
Timeframe | 1 to 3 months | 6 to 12+ months |
Personal Representative | Not required | Required |
Court Involvement | Minimal | Extensive |
Creditor Notice | Optional (with | Mandatory |
Legal Fees | Lower | Higher (due to complexity) |
Suitable For | Simple estates | Complex or contested estates |
Which Probate Process Is Right for Your Family?
Ask yourself:
What is the total value of the estate?
Are there debts or legal claims?
Is there real estate to sell or transfer?
Has it been more than two years since the death?
If you’re unsure, don’t worry. A quick consultation can give you clarity.
Real-World Example: Choosing Summary Administration
Samantha from Boca Raton called us after her mother passed away unexpectedly. Her mom didn’t own real estate, had no debts, and left behind a single bank account with $40,000. Understandably, Samantha was overwhelmed, grieving her loss while also worrying about how to access the funds to help with funeral expenses and final bills.
She had heard horror stories about probate dragging on for months, even years, and was nervous about court costs and legal fees.
We walked her through her options, and within six weeks of filing, the court approved the summary administration. The funds were distributed quickly, providing Samantha with peace of mind and financial relief far sooner than expected.
Total legal costs? Less than half of what a formal administration would have cost.
Total time? About six weeks, compared to the typical six to twelve months for formal probate.
Samantha told us afterward, “This was the easiest part of an otherwise really difficult time.”
Summary administration isn’t always an option, but when it fits, it can make probate simpler, faster, and more affordable for families already dealing with loss.
Final Thoughts: A Faster, Smoother Way Forward
Choosing the right probate process can make a world of difference in time, money, and peace of mind.
At Legacy Solutions Law Firm, we help you:
Determine which probate process applies
Avoid unnecessary legal steps
Maximize speed while ensuring compliance
Book Your Free 30 Minute Consultation -
Talk to a Florida probate attorney today.
Florida Probate Law References:
Chapter 733, Florida Statutes - Administration of Estates This is the primary statute governing both formal and summary probate procedures. It outlines when each applies, creditor notice rules, and Personal Representative duties. https://www.flsenate.gov/Laws/Statutes/2023/Chapter733
Florida Statute 733.202 - Summary Administration This section specifies eligibility criteria and procedures for summary administration. https://www.flsenate.gov/Laws/Statutes/2023/733.202
Florida Statute 733.301 - Appointment of Personal Representative Clarifies the formal probate process and how the court chooses a PR when needed. https://www.flsenate.gov/Laws/Statutes/2023/733.301
Chapter 731, Florida Statutes - General Probate Provisions includes definitions and overarching rules applicable to both probate types. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0731/0731.html
Comments